| 7.1 |
Establishment of an Independent Appeal Body |
| 7.1.1 |
In terms of section 32(3)(e) of the Act, the Council creates and maintains an Independent Exemptions Appeal Body to hear and decide appeals against an Exemptions Committee's refusal or partial refusal to grant an exemption or its withdrawal or partial withdrawal of an exemption. |
| 7.1.2 |
An Independent Appeal Body must be appointed by the Council and may consist of one or more persons, as determined by the Council |
| 7.1.3 |
No representative, office-bearer or official of a trade union or employers' organisation party to the Council may be a member of the Independent Exemptions Appeal Body. |
| 7.2 |
APPLICATION PROCESS & PROCEDURE |
| 7.2.1 |
An Applicant aggrieved by an Exemptions Committee's decision shall within 30 days of being notified of the Exemptions Committee's decision have the right to appeal to the Independent Exemptions Appeal Body. |
| 7.2.2 |
Should the appellant show good cause, the Independent Appeal Body may condone a late appeal. |
| 7.2.3 |
A valid notice of appeal must be in writing clearly setting out the grounds on which the appeal is based and be accompanied by relevant supporting documentation. |
| 7.2.4 |
Upon receipt of an appeal application, the General Secretary shall forward the appeal application together with the original application for exemption and supporting documents to the Independent Appeal Body for a decision |
| 7.2.5 |
The General Secretary in consultation with the Independent Appeal Body will arrange a date, time and venue for the appeal hearing. The date of the hearing shall not be later than 30 days from which a valid appeal was filed with the Council. |
| 7.2.6 |
The Independent Appeal Body shall hear and determine appeals in any manner it considers appropriate to determine the application fairly and quickly. |
| 7.2.7 |
The Independent Appeal Body shall render a decision within fourteen days from the last date of the appeal hearing |
| 7.2.8 |
Should the Independent Appeal Body reverse a decision of the Exemptions Committee, the Council must issue the applicant with a licence of exemption accordingly |
| 7.2.9 |
The Independent Appeal Body has discretion to order against the appellant payment of all costs incurred by the Council in arranging and conducting the appeal in the event of it upholding the decision of the Exemptions Committee |
[Annexure A(7) inserted by section 4(4.2) of Notice No. R. 1764, GG45931, dated 18 February 2022]
Copyright Act, 1978
